Constitution

NZHF’s CONSTITUTION

1. NAME

The name of the Federation will be the New Zealand Handball Federation, (“the Federation”).

2. OBJECTS OF THE FEDERATION

2.1 The objects of the Federation are:

(a) to grow and develop handball throughout the New Zealand community by organising tournaments and games;

(b) to have a strong national representation at the World Championship Qualifiers and at the Olympic Games;

(c) to organise local, regional, national, and international tournaments for competitive and social divisions;

(d) to establish regional handball associations to more effectively facilitate these objectives; and

(e) to be an accountable organisation which openly communicates with all of its members;

Provided the objects shall be limited and restricted at all times to New Zealand and so that they shall be within the definition of charitable purposes as defined by the Charities Act 2005.

3. POWERS OF THE FEDERATION

The Federation will have the following powers:

3.1 To use its funds as the Executive Committee thinks necessary or proper in payment of its costs and expenses, including the employment and dismissal of counsel, solicitors, agents, officers or staff, according to principles of good employment and the Employment Relations Act 2000 or any subsequent enactments.

3.2 To purchase, take on, lease or in exchange or hire or otherwise, acquire any real or personal property and any rights or privileges which the Executive Committee thinks necessary or proper for the purpose of attaining the objects of the Federation and to sell, exchange, let, bail or lease, with or without option of purchase or, in any other manner, dispose of such property, rights or privileges.

3.3 To invest any moneys of the Federation in any way permitted by law for the investment of incorporated society funds and upon such terms as the Executive Committee thinks fit.

3.4 To establish and support, or aid in the establishment and support of associations, institutions, funds, trusts and like bodies calculated to benefit participants in the sport of Handball.

3.5 To borrow or raise money from time to time with or without security and upon such terms as to priority or otherwise as the Executive Committee thinks fit.

3.6 To enter into any contract or agreement for the purpose of furthering or attaining the objects of the Federation.

3.7 To construct, maintain, restore, repair, alter or replace any buildings or other structures necessary or convenient for the purposes of the Federation.

3.8 To receive and expend moneys in connection with all or any of the said objects and to operate in the name of the Federation an account or accounts with any bank, company, firm or person.

3.9 To accept, issue, endorse, buy, sell, discount and deal in cheques, bills of exchange, promissory notes, warrants, coupons, bank authorities of all kinds and other negotiable or transferable securities of all kinds.

3.10 To indemnify any person, organisation, firm, company or corporation against debts, liabilities, costs, losses, expenses, claims, demands, actions and proceedings of all kinds incurred on behalf of the Federation or in the course of the provision by such person, organisation, firm, company, corporation of any services to or for the Federation and in connection with the foregoing to charge all or any of the assets of the Federation.

3.11 To establish, co-operate with and maintain connections with organisations, agencies, persons, firms, companies and corporations in New Zealand and overseas who or which are interested in promoting, furthering, advancing or supporting all or any one or more of the objects in these Rules and Handball.

3.12 To make and amend any rules, by-laws and codes of conduct that maybe formulated from time to time.

3.13 To delegate all or any of its powers, authorities, discretions, duties and functions to the Executive Committee or to any other committee which may be established from time to time.

3.14 To do all things as may from time to time be necessary or desirable to give effect to and attain the objects of the Federation.

4. COMMON SEAL

4.1 The Common Seal of the Federation shall be kept in the custody and control of the Secretary.

4.2 When required, the Common Seal will be affixed to any deed, document or other instrument following a resolution of the Federation and will be signed by the Secretary and one other person nominated by the Executive Committee.

5. MEMBERSHIP

5.1 Any club and/or an incorporated organisation which agrees with the objectives of the Federation may, subject to the Executive Committee’s approval, become a member of the Federation by application in writing and upon payment of the membership subscription set from time to time by the Executive Committee.

5.2 A club is an organisation which:

(a) has adopted the objectives of the New Zealand Handball Federation

(b) has adopted a constitution consistent with and in compliance with the New Zealand Handball Federation Constitution

(c) demonstrates handball oriented activity

(d) demonstrates clear democratic administrative processes

(e) may be an incorporated organisation

5.3 An incorporated organisation is an organisation that is incorporated under the Incorporated Societies Act 1908 and its amendments which has adopted the objectives of the NZHF and adopted a constitution consistent with and in compliance with the New Zealand Handball Federation Constitution.

5.4 If membership is declined it shall not be necessary for the Executive Committee to give or assign any reason for declining membership.

5.5 The Secretary shall maintain a register of members of the Federation in accordance with the provisions of the Incorporated Societies Act 1908 (“the Act”), and any subsequent enactments.

6. SUBSCRIPTIONS

6.1 Every member shall pay to the Federation by way of an annual membership subscription such amount as may from time to time be fixed by the Executive Committee.

6.2 In fixing from time to time the annual membership subscriptions referred to in Rule 6.1, the Executive Committee shall not be bound to prescribe a uniform subscription in respect of all members.

7. CESSATION OF MEMBERSHIP

7.1 Any member may resign membership of the Federation by giving written notice to the Secretary at the physical, postal or electronic mail address of the Secretary, but such resignation shall not release the member from payment of any outstanding annual membership subscription. The Secretary will maintain a record of any resignation.

7.2 If a member has not paid an annual membership subscription or has failed to rectify non-payment within three (3) calendar months from the due date the Executive Committee may in its discretion terminate the member’s membership to the Federation without further notice.

7.3 All annual memberships’ subscriptions shall automatically lapse at the end of the calendar year. Therefore the due date for members wishing to renew their membership shall be the 1st day of January of every year.

8. DISCIPLINARY ACTION

8.1 A member of the Federation may be subject to disciplinary action or expulsion from the Federation in the following circumstances:

8.1.1 If a complaint, allegation or information is made against a member and internal investigations show that disciplinary action or expulsion is warranted: or

8.1.2 If a charge or allegation proven against the member before another body, when the proven charge or allegation may reflect upon the member’s ability to participate in the sport of Handball or the Federation or may tend to bring the Federation, the Executive Committee, the sport of Handball or those people, agents or organisations with links to the sport of Handball into disrepute: or

8.1.3 If the member is guilty of any dishonourable or corrupt practice which is or may be discreditable to the Federation or reflect on the member’s ability to participate in the sport of Handball or may tend to bring the Federation, the sport of Handball or those people, agents or organisations with links to the sport of Handball into disrepute; or

8.1.4 If the member is guilty of a breach or fails to observe any provision of these rules, or any other rules, by-laws, or codes that may be promulgated by the Federation from time to time.

8.2 The procedure for disciplinary action will be as follows:

8.2.1 There shall be appointed by the Executive Committee at its first meeting after each Annual General Meeting an officer to be known as the Complaints Officer (“the Complaints Officer”) who shall receive any complaint, allegation or information about a member and who shall make sufficient enquiries to satisfy himself or herself as to the nature of any such complaint, allegation or information is a complaint, allegation or information about a member (“Complaint”).

8.2.2 All complaints, allegations or information about a member shall be in writing and may be made by the Executive Committee, by any member of the Federation, or by any person dealing with the member of the Federation who is the subject of the complaint, allegation or information.

8.2.3 The Complaints Officer is entitled to make any enquiries that he or she considers appropriate in relation to any such complaint, allegation or information, for the purpose of reporting back to the Executive Committee.

8.2.4 After carrying out enquiries into any complaint, allegation or information about a member, if the Complaints Officer is satisfied that any such complaint, allegation or information is a Complaint, then the Complaints Officer shall refer the Complaint, and all material in his or her possession relating to the complaint, to the Executive Committee within 14 days of receipt of the Complaint.

8.2.5 The Executive Committee will then invite the member to attend a meeting of the Executive Committee and offer a written and/or oral explanation in respect of the Complaint.

8.2.6 The member will be entitled to appear with or without Counsel and in hearing the Complaint, the Executive Committee shall observe the rules of natural justice.

8.2.7 The Executive Committee will give the member at least fourteen (14) days written notice of the meeting. The notice will:

>> 8.2.7.1 sufficiently inform the member of the complaint so that the member can offer a written or oral explanation of the member’s conduct; and

>> 8.2.7.2 inform the member that they may appear with or without Counsel; and

>> 8.2.7.3 inform the member that if the Executive Committee is not satisfied with the member’s explanation or no explanation is forthcoming, the Executive Committee may expel the member from the Federation or make the member subject to other disciplinary action.

8.2.8 The Executive Committee will make its decision within fourteen (14) days of the meeting and will inform the member of its decision in writing.

8.3 If the member decides to appeal the Executive Committee’s decision the member may do so in writing within fourteen (14) days of the date of the decision. The Executive Committee will then call a Special General Meeting at which it will appoint a committee to be known as the Appeal Committee.

8.4 The Appeal Committee will consist of five (5) persons who may or may not be members of the Federation, but who shall not be members of the Executive Committee.

8.5 The Appeal Committee will determine its own procedure at all its meetings and may consult with the Executive Committee, the Complaints Officer, the member and any other parties relevant to the complaint.

8.6 Within seven (7) days of making any determination or decision in respect of the Complaint, the Appeal Committee will advise the member concerned in writing of the Appeal Committee’s determination or decision.

8.7 Pending the Appeal Committee’s determination or decision the member’s membership to the Federation will be suspended.

9. VOTING

9.1 Each member shall be entitled to one (1) vote, either in person, by proxy, or by postal ballot.

9.2 The person casting a member’s vote will be determined by the member in accordance with the member’s constitutional laws and by-laws.

9.3 A written notification of the selected person casting a member’s vote must be given by the member to the Federation’s Secretary at the Federation’s Secretary’s current physical and/or or e-mail address at least four (4) days prior to the confirmed date and time of the Annual General Meeting or a Special General Meeting.

9.4 The Executive Committee shall be entitled to one (1) collective vote.

9.5 Voting at a general meeting shall be by voice, or if the Chairperson or any three other members require, by a show of hands, which shall include proxy votes.

9.6 Three or more members may demand a count immediately after the declaration by the Chairperson of the result of the voting. Otherwise the declaration shall be conclusive.

9.7 Unless otherwise provided, each question shall be decided by a majority of votes cast in person or by proxy.

9.8 In the case of an equality of votes, the Executive Committee shall have a casting vote.

9.9 Only members entitled to vote, who are absent from the meeting, may appoint a proxy for voting purposes.

9.10 Only a member entitled to vote may be appointed as a proxy holder.

9.11 A member can hold a maximum of two (2) proxies from two (2) members at a single meeting.

9.12 Appointment of proxy holders, on a form approved for the purpose, must be delivered in person, mailed, faxed or emailed to the Secretary of the Federation, twenty four (24) hours before the meeting commences.

9.13 Proxy voting is not permitted for procedural motions dealing with the conduct of the general meeting.

9.14 A proxy may be appointed only for a specified period or a specified meeting.

10. ANNUAL GENERAL MEETING

10.1 The quorum for the Annual General Meeting will be five (5) members present in person.

10.2 At least forty-two (42) days’ written notification of each Annual General Meeting will be given to members at the current physical and/or e-mail address for such members recorded in the register of members. It is the responsibility of the members to keep the office of the Federation informed of their contact details.

10.3 At least thirty (30) days written notification of the proposed Annual General Meeting Agenda Items will be given to members at the current physical and/or e-mail address for such members recorded in the register of members. It is the responsibility of the members to keep the office of the Federation informed of their contact details.

10.4 Notification of an Annual General Meeting will specify the time, date and place of the meeting. Notification will also describe in a general way all the matters that will arise to be considered and specify what further and more detailed information on these matters is available from the Executive Committee. Full information will be provided concerning any proposed amendments to these Rules or any matter that is the business of a General Meeting. Such information will be supplied to any member requesting it.

10.5 The General Meeting will be chaired by the current Chairperson of the Executive Committee, or in her/his absence, the meeting will elect a person to chair the meeting from among the members present.

10.6 The Annual General Meeting will carry out the following business:

10.6.1 Receive the Executive Committee’s report on the activities of the Federation over the last year and the proposed priorities and directions for the Federation in the current year.

10.6.2 Receive the balance sheet and statement of income and expenditure for the past year and the estimate of income and expenditure for the current year.

10.6.3 Conduct any other business, which may properly be brought before the meeting.

10.7 Any members recorded in the register of members may suggest changes to the proposed Annual General Meeting Agenda Items. A written notification of the suggested changes to the proposed Annual General Meeting Agenda Items must be given to the Federation’s Secretary at the Secretary’s current physical and/or or e-mail address at least fourteen (14) days prior to the confirmed date and time of the Annual General Meeting.

10.8 The minutes from any Annual General Meeting will be presented to and confirmed at the first meeting of the Executive Committee following the Annual General Meeting or such later meeting, as the Executive Committee shall agree.

11. SPECIAL GENERAL MEETINGS

11.1 The quorum for the Special General Meeting will be three (3) members present in person.

11.2 Special General Meetings may be called by the Executive Committee. The meeting will be called within fourteen (14) days of the decision being made.

11.3 A Special General Meeting will only consider business related to the reason for which it is called, as notified to the members.

11.4 The Special General Meeting will be chaired by the current Chairperson of the Executive Committee, or in her/his absence, the meeting will elect a person to chair the meeting from among the members present.

11.5 The minutes from any Special General Meeting will be presented to and confirmed at the first meeting of the Executive Committee following the Annual General Meeting or such later meeting, as the Executive Committee shall agree.

12. THE EXECUTIVE COMMITTEE

12.1 The Executive Committee will comprise of not less than three (3) and not more than seven (7) persons including a Chairperson, a Secretary, and a Treasurer.

12.2 The first Executive Committee will be appointed from amongst the signatories to these rules.

12.3 Successive Executive Committees will be elected at each Annual General Meeting.

12.4 The outgoing Executive Committee members will be eligible for re-election.

12.5 Nominations for the Executive Committee shall be in writing, signed by one member and by the nominee, and shall be deposited at the address of the Secretary, by facsimile or by post or personal delivery not less than thirty (30) days before the Annual General Meeting of the Federation. The signing of the nomination by the nominee shall be sufficient evidence of the acceptance of the nomination.

12.6 The Executive Committee will have the power to co-opt members of the Federation onto the Executive Committee to hold positions or be ordinary members of the Executive Committee at anytime.

12.7 The Executive Committee will at its first meeting after an Annual General Meeting elect from amongst its number a Chairperson who will hold office until the next Annual General Meeting of the Federation. If the Chairperson shall cease to be a member of the Executive Committee then he or she will cease to be the Chairperson.

12.8 Meetings of the Executive Committee:

12.8.1 The Executive Committee will determine its own procedure at all its meetings and three (3) of its members will constitute a quorum.

12.8.2 Notice of every such meeting shall be given by the Secretary or an appointed person of the Executive Committee to every member of the Executive Committee not less than three (3) days prior to the time appointed for the said meeting.

12.8.3 If a member of the Executive Committee, does not attend three (3) consecutive meetings without leave of absence that member may, at the discretion and on decision of the Executive Committee, be removed from the Executive Committee.

12.8.4 All questions will if possible be decided by consensus. In the event that a consensus cannot be reached then a decision will be made by a majority vote by show of hands.

12.8.5 If the voting is tied, the Chairperson will not exercise a casting vote.

12.8.6 Each meeting will be chaired by the Chairperson of the Federation. In the absence of the Chairperson, the Executive Committee will elect a person to chair the meeting from among its members present.

12.8.7 The contemporaneous linking together by telephone or electronic mail or other means of communication of a number of the members of the Executive Committee or of any committee being not less than the quorum required in respect of the Executive Committee or that committee as the case may be, whether or not any one or more of the members of the Executive Committee or the committee is or are out of New Zealand, shall be deemed to constitute a meeting of the Executive Committee or the committee as the case may be, and all the provisions in these Rules as to meetings shall apply to such meetings.

12.8.8 The Executive Committee will meet at least four (4) times every year.

12.8.9 The Secretary will ensure that a minute book is maintained which is available to any member of the Federation and which, for each meeting of the Executive Committee, records:

>> 12.8.9.1 the names of those present;

>> 12.8.9.2 all decisions which are required by the Rules, by-law or codes to be made by the Federation; and

>> 12.8.9.3 any other matters discussed at the meeting.

12.9 Disqualification of Executive Committee Members

The office of an Executive Committee Member will be vacated if that member:

12.9.1 Becomes bankrupt or makes any arrangement or composition with their creditors generally; or

12.9.2 Becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her property or affairs; or

12.9.3 Resigns his or her office by written notice to the Federation; or

12.9.4 Is directly or indirectly interested in any contract with the Federation and fails to declare the nature of their interest.

13. MANAGEMENT

13.1 It shall be the duty of the Executive Committee generally to manage conduct and control the affairs of the Federation and for those purposes the Executive Committee shall have vested in it all such necessary powers as are not expressly by these Rules, any by-laws or codes made hereunder required to be exercised by the Federation in General Meeting.

13.2 In particular, it shall be the duty of the Executive Committee to ensure that the Federation is run properly.

14 INCOME, BENEFIT OR ADVANTAGE TO BE APPLIED TO OBJECTS

14.1 Any income, benefit or advantage will be applied to the objects of the Federation.

14.2 No member of the Federation shall derive any income, benefit or advantage from the Federation, except where the income, benefit or advantage is derived from any professional services to the Federation rendered in the course of business charged at no greater rate than current market rates as determined by an independent valuer should a dispute arise.

14.3 Any such income paid shall be reasonable and relative to that which would be paid in an arm’s length transaction.

14.4 The provision and effect of this clause shall not be removed from these Rules and shall be implied into any document replacing these Rules.

15. POWERS OF THE EXECUTIVE COMMITTEE

15.1 The Executive Committee may exercise all of the powers which are necessary or conducive to the attainment of the objects of the Federation.

15.2 In particular, but not by way of derogation of the powers given by Rule 3 above, the Executive Committee may from time to time in its discretion exercise the following powers:

15.2.1 To exercise the rule and by-law making powers of the Federation, and to make amend and rescind rules and by-laws, in a manner not inconsistent with these Rules, for such purposes as may be specified in these Rules, and for such other purposes as it may consider necessary for the conduct of the affairs and day to day business of the Federation.

15.2.2 To delegate any of its powers and functions to any other committee of its members.

15.2.3 To appoint any committee and may delegate any of its powers and duties to any such committee or to any person. The committee or person may, without confirmation by the Executive Committee, exercise or perform the delegated powers or duties in the same way and with the same effect as the Executive Committee could itself have done.

15.2.4 To borrow money with or without security in such manner and on such terms and conditions as the Executive Committee will from time to time think fit.

15.2.5 To engage, employ and terminate the engagement or employment of such staff and other servants or agents of the Federation as the Executive Committee may consider necessary, upon such terms and conditions as the Executive Committee.

15.3 Any committee or person to whom the Federation has delegated powers or duties will be bound by the terms of the Federation and any terms or conditions of the delegation set by the Executive Committee.

15.4 The Federation will be able to revoke such delegation at will, and no such delegation will prevent the exercise of any power or the performance of any duty by the Executive Committee.

15.5 It will not be necessary for any person who is appointed to be a member of any such committee, or to whom such delegation is made, to be a member of the Federation.

16. FINANCIAL ARRANGEMENTS

16.1 The financial year of the Federation will be from 1st April to 31st March the following year.

16.2 At the first meeting of the Executive Committee following each Annual General Meeting, the Executive Committee will decide by resolution the following:

16.2.1 how money will be received by the Federation;

16.2.2 who will be entitled to produce receipts;

16.2.3 what bank accounts will operate for the ensuing year, including the purposes of and access to accounts;

16.2.4 who will be allowed to authorise the production of cheques and the names of cheque signatories; and

16.2.5 policy concerning the investment of money by the Federation, including what type of investment will be permitted.

16.3 The Treasurer will ensure that true and fair accounts are kept of all money received and expended.

17. INDEMNIFYING OF COMMITTEE MEMBERS & OFFICERS

17.1 No member of the Executive Committee or other sub-committee member or Officer of the Federation shall be liable for the acts or defaults of any other member of the Executive Committee, any member of any sub-committee or Officer or any loss occasioned thereby, unless occasioned by their wilful default or by their wilful acquiescence.

17.2 The members of the Executive Committee, any sub-committee member and Officers shall be indemnified by the Federation for all liabilities and costs incurred by them in the proper performance of the functions and duties, other than as a result of their wilful default.

18. ALTERATION OF RULES

18.1 The Constitution of the Federation may only be altered, added to, rescinded or otherwise amended in any way by a 2/3 majority of the members of the Federation at any General Meeting, provided that no addition to or alteration without the prior approval of the Department of Inland Revenue is made to:

(a) the charitable nature of the objects stated in clause 2,of this Constitution;

(b) the prohibition of private pecuniary benefit as stated in clause 14 of this Constitution; and

(c) the disposition of surplus assets in the event of winding as provided for in clause 19 of this Constitution.

19. DISPOSITION OF SURPLUS ASSETS

19.1 The Federation may be wound up if at a General Meeting, the Executive Committee passes a resolution to wind up, and the resolution is confirmed at a subsequent General Meeting called together for that purpose and held not earlier than thirty (30) days after the date on which the resolution to be confirmed was passed.

19.2 Any surplus assets after the satisfaction of all liabilities will not be distributed among the members of the Federation but will be distributed among such charitable community organisations in New Zealand that have similar objects to the Federation as the Executive Committee decides. If the Executive Committee is unable to resolve any disagreement over the distribution of surplus assets then the provisions of Section 27 of the Incorporated Societies Act 1908, or the relevant provisions of subsequent enactments, will apply.

Nau mai. Haere mai